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HomeMy WebLinkAbout11-24-09PLEDGE OF ALLEGIANCE ROLL CALL MOTION: To read the Resolution by title only and waive reading the full text of the Resolution. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON PUBLIC HEARING ITEMS 5 minute time limit per person. All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony conceming any of the proposed items set forth below for consideration. You are hereby advised that should you desire to legally challenge any action taken by the Planning Commission with respect to the proposed item for consideration, you may be limited to raising only those issues and objections, which you or someone else raises at or prior to the time of the Public Hearing. PUBLIC HEARINGS 1. TEXT AMENDMENT NO. TA 09-04 Citywide Consideration of Text Amendment No. TA 09 -04 for a proposed ordinance to amend Article IX (Division and Use of Land) of the Arcadia Municipal Code to address assembly uses, schools, tutoring centers and the requirements for Conditional Use Permits for such uses and to add a provision for reasonable accommodations of issues related to the federal Religious Land Use and Institutionalized Persons Act of 2000. RECOMMENDATION: Recommend approval to City Council CONSENT ITEMS 2. RESOLUTION NO. 1801 ARCADIA PLANNING COMMISSION AGENDA Tuesday, November 24, 2009, 7:00 P.M. Arcadia City Council Chambers A Resolution of the Planning Commission of the City of Arcadia, Califomia, granting Conditional Use Permit No. CUP 09 -09 for a 960 square -foot expansion to an existing 2,040 square -foot restaurant located at 510 -512 E. Live Oak Avenue, and approval for this restaurant to utilize off-site parking at 610 -618 E. Live Oak Avenue in lieu of the required on -site parking for this expansion. RECOMMENDATION: Adopt There is a five day appeal period after the adoption of the Resolution. 3. MINUTES OF OCTOBER 27, 2009 RECOMMENDATION: Approval Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574 -5423. PC AGENDA 11 -24-09 MATTERS FROM CITY COUNCIL PLANNING COMMISSION MODIFICATION COMMITTEE AGENDA MATTERS FROM STAFF &UPCOMING AGENDA ITEMS ADJOURNMENT Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574 -5423. PC AGENDA 11 -24-09 November 24, 2009 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrat SUMMARY BACKGROUND STAFF REPORT Development Services Department SUBJECT: Consideration of Text Amendment No. TA 09 -04 for a proposed ordinance amending Article IX (Division and Use of Land) of the Arcadia Municipal Code to address assembly uses, schools, tutoring centers and the requirements for Conditional Use Permits for such uses and to add a provision for reasonable accommodations of issues related to the federal Religious Land Use and Institutionalized Persons Act of 2000. The Development Services Department is proposing to amend the City's lists of Permitted Uses, and Uses Subject to Conditional Use Permits for assembly uses, schools and tutoring centers to eliminate potential inconsistencies with the federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and to add a provision for consideration of reasonable accommodations of issues related to RLUIPA. The Development Services Department is recommending approval of the proposed text amendments as set forth in this report and the attached draft ordinance. The First Amendment to the U.S. Constitution protects the free exercise of religion. The Religious Land Use and Institutionalized Persons Act (RLUIPA) was passed by the U.S. Congress in 2000 and is intended to ensure the free exercise of religion with regard to local land use regulation by precluding governments from making discretionary decisions that place a burden on the free exercise of religion without a compelling governmental reason. On the other hand, if the regulation of land uses is neutral with regard to the exercise of religion and of general applicability, then there need only be a rational or reasonable basis for the regulation and not a compelling governmental reason. In 2003, the City Council adopted Ordinance No. 2185, which revised the zones in which churches are allowed subject to a Conditional Use Permit, and added the following definition of "Church" to the Zoning Regulations: 9220.16.1. CHURCH USES. Church or Place of Worship is a building for regular assembly for religious worship that is used primarily for such purpose, which may or may not contain accessory activities that are customarily associated therewith, and which may or may not contain the place of residence for ministers, priests, nuns, rabbis or others who lead religious worship on the premises. Church or place of worship shall not include such nontraditional accessory uses as retail sales of non religious and non church related goods, residential uses (other than as permitted hereinabove), or sports and /or entertainment facilities when not used for church purposes or when rented out for revenue purposes. (Added by Ord. 2185 adopted 12- 16 -03) Prior to Ordinance No. 2185, churches were allowed in any zone with a Conditional Use Permit. Ordinance No. 2185 kept the requirement for a Conditional Use Permit and limits churches to the R -0, R -1, R -2 and R -3 residential zones and the C-0 Professional Office Zone. A reason for not allowing churches in other commercial and industrial zones is to maintain the viability of the City's limited commercial and industrial areas. Store front churches in commercial areas alter the character of the area and disrupt the flow of vehicular and pedestrian traffic necessary for commercial areas to thrive. Additionally, churches should not be in industrial areas because assembly uses should not be situated near places where hazardous materials are likely to be used and stored. On September 4, 2009, the City received a letter from an attorney assisting a church with the Conditional Use Permit process. The letter pointed out that churches are not treated the same as other nonreligious assembly uses by the City's Zoning Regulations. In particular, churches with an approved Conditional Use Permit are only allowed in the R -0, R -1, R -2, R -3 and C -O zones, but several assembly uses other than churches are allowed in any zone with a Conditional Use Permit. This is a potential violation of RLUIPA. PROPOSAL AND ANALYSIS Staff reviewed all of the uses allowed by right as well as by Conditional Use Permit in all of the zones in the City's Zoning Regulations and compiled the attached list of potential RLUIPA related uses. This list was reviewed by the City Attorney and based on the City Attorney's advice; staff is recommending the following three groups of amendments to the Arcadia Municipal Code: Group 1 Uses to be Repealed The following Sections of the Arcadia Municipal Code are recommended to be repealed either because the assembly or assembly related use is allowed in zones in which churches are not allowed, but under RLUIPA, churches should not be treated any differently from the use, or because the use is no longer appropriate for the respective zoning. Explanatory notations are shown in parentheses in 10 point, italics. TA 09 -04 (RLUIPA) November 24, 2009 Page 2of5 Zone Section No. Use CPD -1 9260.1.12(11) Private Clubs, Fraternities, Sororities, Lodges and Community Service Organizations, provided that the chief activity of any such use is not one which is customarily carried on as a business. C -2 C -2 C -2 9263.1.27. 9263.1.34. 9263.1.40. SAME. (Uses Permitted) Music Conservatories. SAME. (Uses Permitted) Studios, except motion picture. SAME. (Uses Permitted) Trade schools, not objectionable due to noise, odor, dust, smoke, vibrations or other similar causes. CBD 9264.2.9.6. Educational /tutoring centers, not located on the ground floor w /CUP along Huntington Drive and First Avenue; w /CUP 9275.1.12. w /CUP 9275.1.26. SAME. (Conditional Uses Permitted in Any Zone) Community Buildings and Libraries. SAME. (Conditional Uses Permitted in Any Zone) Nursery schools, day nurseries, preschool nurseries, child care centers and day care centers. w /CUP 9275.1.28. SAME. (Conditional Uses Permitted in Any Zone) Pageants. w /CUP 9275.1.29.1. SAME. (Conditional Uses Permitted in Any Zone) Private clubs, fraternities, sororities, lodges and community service organizations, provided that the chief activity of any such use is not one which is customarily carried on as a business. w /CUP 9275.1.32. SAME. (Conditional Uses Permitted in Any Zone) Public Recreation Centers. w /CUP 9275.1.35. SAME. (Conditional Uses Permitted in Any Zone) Schools, elementary or high, including kindergarten schools, conducted in conjunction with an elementary school. w /CUP 9275.1.35.1. SCHOOLS. All schools not elsewhere specified in this Chapter. any zone w /CUP 9275.1.47. FUNERAL PARLORS. C -2 or any Tess restrictive commercial or industrial zone. w /CUP 9275.1.60. WEDDING CHAPELS. C -2 or any less restrictive commercial or industrial zone. TA 09 -04 (RLUIPA) November 24, 2009 Page 3of5 Group 2 Uses to be Added or Amended Staff is recommending that the following Sections of the Arcadia Municipal Code be amended as indicated with strikethroughs denoting language to be deleted and new wording shown as underlined italics for at least one of the following purposes; (a) To differentiate the use so that it is not similar to church assembly activities; (b) Include churches to avoid inconsistency with RLUIPA; (c) Update the provision; or (d) Eliminate redundant language. Explanatory notations are shown in parentheses in (10 point, italics). Zone Section No. Use CBD 9264.2.9.13. Movie Theaters. w /CUP C -C 9268.1.4. SAME. (Uses Permitted) Auditoriums, Theaters, Performing Arts Centers, Churches, Libraries, Art Galleries, Meeting Rooms and other Cultural Facilities. S -2 9274.1.5.1. SAME. (Uses Permitted) Public recreation centers, public community buildings and public libraries. 9275.1.3. CONDITIONAL USES PERMITTED IN ANY ZONE. The uses specified in the following subsections may be permitted in any zone_ except tho CPD 1, Commercial Planned Development Zone, unless co cpccificd upon the granting of a Conditional Uso Permit therefore w /CUP 9275.1.51. MORTUARIES. C-9 C -2 or C -M any lose restrictive w /CUP 9275.1.53.3. PRIVATE CLUBS, FRATERNITIES, SORORITIES AND LODGES. Excepting those the chief activity of which is a service customarily carried on as a business. R -0, R -1, R -2, R -3, CPD 1 and C -O or any less zones. w /CUP 9275.1.55. MOVIE THEATERS. CBD, C -1 or any Tess restrictive commercial or industrial zone. w /CUP 9275.1.55.1 TRADE SCHOOLS. C -2, C -M or any less restrictive industrial zone. w /CUP 9275.1.56. TUTORING CENTERS. C -1 or any less restrictive commercial zone. TA 09 -04 (RLUIPA) November 24, 2009 Page 4 of 5 Group 3 Reasonable Accommodations Since all potential RLUIPA conflicts cannot be foreseen, the City Attorney recommended a provision to facilitate expeditious consideration of accommodations for religious or institutional uses that should not be prohibited or restricted. Staff is recommending that the City Attorney's proposed provision be placed in a new Division 4 titled, "REASONABLE ACCOMMODATIONS FEDERAL RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT OF 2000" in Part 1 (Purpose, Interpretation and Application) of Chapter 2 (Zoning Regulations) of Article IX (Division and Use of Land) of the Arcadia Municipal Code to read as follows: CEQA 9214. REASONABLE ACCOMMODATIONS FEDERAL RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT OF 2000. Deviations from the requirements and regulations specified in this Chapter may be approved if it is found by the Planning Commission or City Council that consistent with the Religious Land Use and Institutionalized Persons Act of 2000 RLUIPA), enforcement of a regulation results in a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless it is determined that imposition of the burden on that person, assembly, or institution accomplishes the following: Furtherance of a compelling governmental interest where the burden is found to be the least restrictive means of furthering that compelling governmental interest. There is no possibility that the proposed text amendments will have a significant effect on the environment, and therefore they are exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines. A Preliminary Exemption Assessment is attached. RECOMMENDATION The Development Services Department recommends approval of Text Amendment No. TA 09 -04. PLANNING COMMISSION ACTION The Planning Commission should direct staff to convey recommendation and comments to the City Council. If any Planning Commissioner, or other interested party has any this matter prior to the November 24, 2009 public hearing, please at (626) 574 -5423 or via email at jkasama(cr�.ci.arcadia.ca.us. Attachments: Draft Ordinance No. 2266 List of Potential RLUIPA Related Uses Preliminary Exemption Assessment the Commission's questions regarding contact Jim Kasama TA 09 -04 (RLUIPA) November 24, 2009 Page 5 of 5 ORDINANCE NO. 2266 DRAFT- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE IX (DIVISION AND USE OF LAND) OF THE ARCADIA MUNICIPAL CODE TO ADDRESS ASSEMBLY USES, SCHOOLS, TUTORING CENTERS AND THE REQUIREMENTS FOR CONDITIONAL USE PERMITS FOR SUCH USES, AND TO ADD A PROVISION FOR REASONABLE ACCOMMODATIONS OF ISSUES RELATED TO THE FEDERAL RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The following Sections of the Arcadia Municipal Code are hereby repealed: 9260.1.12(11) Private Clubs, Fraternities, Sororities, Lodges and Community Service Organizations, provided that the chief activity of any such use is not one which is customarily carried on as a business. 9263.1.27. SAME. Music Conservatories. 9263.1.34. SAME. Studios, except motion picture. 9263.1.40. SAME. Trade schools, not objectionable due to noise, odor, dust, smoke, vibrations or other similar causes. 9264.2.9.6. Educational /tutoring centers, not located on the ground floor along Huntington Drive and First Avenue; 9275.1.12. SAME. Community Buildings and Libraries. 9275.1.26. SAME. Nursery schools, day nurseries, preschool nurseries, child care centers and day care centers. 9275.1.28. SAME. Pageants. 9275.1.29.1. SAME. Private clubs, fraternities, sororities, lodges and community service organizations, provided that the chief activity of any such use is not one which is customarily carried on as a business. 9275.1.32. SAME. Public Recreation Centers. DRAFT- DRAFT- 9275.1.35. SAME. Schools, elementary or high, including kindergarten schools, conducted in conjunction with an elementary school. 9275.1.35.1. SCHOOLS. All schools not elsewhere specified in this Chapter. 9275.1.47. FUNERAL PARLORS. C -2 or any less restrictive commercial or industrial zone. 9275.1.60. WEDDING CHAPELS. C -2 or any less restrictive commercial or industrial zone. SECTION 2. The following Sections of the Arcadia Municipal Code are hereby added and /or amended to read as follows: 9264.2.9.13. Movie Theaters. 9268.1.4. SAME. Auditoriums, Theaters, Performing Arts Centers, Churches, Libraries, Art Galleries, Meeting Rooms and other Cultural Facilities. 9274.1.5.1. SAME. Public recreation centers, public community buildings and public libraries. 9275.1.3. CONDITIONAL USES PERMITTED IN ANY ZONE. The uses specified in the following subsections may be permitted in any zone. 9275.1.51. MORTUARIES. C -2 or C -M zone. 9275.1.53.3. PRIVATE CLUBS AND LODGES. Excepting those the chief activity of which is a service customarily carried on as a business. R -0, R -1, R -2, R -3 and C -O zones. 9275.1.55. MOVIE THEATERS. CBD, C -1 or any less restrictive commercial or industrial zone. 9275.1.55.1. TRADE SCHOOLS. C -2, C -M or any less restrictive industrial zone. 9275.1.56. TUTORING CENTERS. C -1 or any less restrictive commercial zone. SECTION 3. A new Division 4 is hereby added to Article IX, Chapter 2, Part 1 of the Arcadia Municipal Code to read as follows: 2 DRAFT- 2266 ATTEST: 9214. REASONABLE ACCOMMODATIONS FEDERAL RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT OF 2000. Deviations from the requirements and regulations specified in this Chapter may be approved if it is found by the Planning Commission or City Council that consistent with the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), enforcement of a regulation results in a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless it is determined that imposition of the burden on that person, assembly, or institution accomplishes the following: Furtherance of a compelling governmental interest where the burden is found to be the least restrictive means of furthering that compelling governmental interest. SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect thirty -one (31) days after its adoption. Passed, approved and adopted this day of 20_. City Clerk of the City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney 3 Mayor of the City of Arcadia DRAFT- DRAFT- 2266 Potential RLUIPA related uses Any use by an organization, association or corporation which is organized and carried on wholly for the benefit of religious, charitable, educational, recreational or scientific purposes, and from which no individual person other than bona fide employees and assistants necessarily employed receives any gain, remuneration or profit, including veterans' associations and corporations, and including any City, County, State, Federal, Governmental, Political, public or quasi public unit, body, agency and entity, for periods not to exceed five (5) consecutive days, or a total of ten (10) days in any one calendar year. (S -1) Adult Entertainment Establishments (M -1 M -2) Art Galleries (CBD) Auditoriums, Theaters, Libraries, Art Galleries, Meeting Rooms and other Cultural Facilities (C -C Barbecues (S -1) Churches (w /CUP in R -0, R -1, R -2, R -3 C -O) Community Buildings and Libraries (w /CUP in any zone) Conventions (S -1) Dancing (S -1) Educational /tutoring centers, not located on the ground floor along Huntington Drive and First Avenue (w /CUP in CBD) Funeral Parlors (w /CUP in C -2 or less restrictive commercial zone) Health Clubs (w /CUP in CPD -1, CBD C -1 or less restrictive commercial zone) Indoor Swap Meets (w /CUP in C -2 or less restrictive commercial zone) Karaoke and /or Sing -along (w /CUP in C -2 or less restrictive commercial zone) Martial Arts Studios (w /CUP in CBD in any zone as a school not elsewhere specified) Mortuaries (w /CUP in C -O or less restrictive commercial or industrial zone) Music Conservatories (C -2) Nursery Schools, day nurseries, preschool nurseries, childcare centers and day care centers (w /CUP in any zone) Pageants (w /CUP in any zone) Picnics (S -1) There are no areas currently zoned C -C. Proposed Amendments No change No change No change Add churches No change No change Incorporate w /Publicly owned No change No change Delete /Repeal Delete /Repeal No change No change No change No change Change to w /CUP in C -2 or C -M Make same as churches Incorporate w /Schools Delete /Repeal No change Private Clubs, Fraternities, Sororities, Lodges and Community Service Organizations, provided that the chief activity of any such use is not one which is customarily carried on as a business. (w /CUP in CPD -1 any zone) Private Clubs, Fraternities, Sororities, Lodges. Excepting those the chief activity of which is a service customarily carried on as a business. (w /CUP in R -3, CPD -1 C -O or less restrictive commercial or industrial zone) Public Buildings (w /CUP in any zone) Public Recreation Centers (w /CUP in any zone) Publicly owned and operated establishments or enterprises specified in the following subsections: Public parks, Public playgrounds, Public administrative buildings, Civic centers, Utilities publicly owned and operated, Accessory buildings and uses incidental to any of the uses specified in this Title (S -2) and Any similar public enterprise not here enumerated when so determined as provided in Part 1 of this Chapter (Purpose, Interpretation, Application, Omission or Ambiguity) (S -2) Schools, elementary or high, including kindergarten schools, conducted in conjunction with an elementary school (w /CUP in any zone) Schools All schools not elsewhere specified in this Chapter (Zoning Regulations) (w /CUP in any zone) Studios, except motion picture (C -2) Theaters (w /CUP in CBD, C -1 or Tess restrictive commercial or industrial zone) Trade Schools not objectionable due to noise, odor, dust, smoke, vibrations, or other similar causes (C -2) Tutoring Centers (w /CUP in CBD in any zone as a school not elsewhere specified) Wedding Chapels (w /CUP in C -2 or less restrictive commercial or industrial zone) There are no areas currently zoned C -C. Delete /Repeal Make same as churches No change Incorporate into next category Add Public Recreation Centers Community Bldgs Libraries Make same as churches Delete /Repeal Delete /Repeal Change to "Movie Theaters" delete industrial zone Change to w /CUP in C -2, C -M industrial zones Change to w /CUP in C -1 or less restrictive commercial zone Delete /Repeal 1. Name or description of project: Text Amendment No. TA 09 -04 for a proposed ordinance to amend Article IX (Division and Use of Land) of the Arcadia Municipal Code to address assembly uses, schools, tutoring centers and the requirements for Conditional Use Permits for such uses and to add a provision for reasonable accommodations of issues related to the federal Religious Land Use and Institutionalized Persons Act of 2000. 2. Project Location Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7W topographical map identified by quadrangle name): Citywide 3. Entity or person undertaking project: 1. Public Entity: Development Services Department 2. Other (Private): (1) Contact Name (2) Contact Address 4. Staff Determination: The City, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)," has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: The project is statutorily exempt. f. Applicable Exemption: g. El The project is otherwise exempt on the following basis: There is no possibility that the proposed text amendments will have a significant effect on the environment, and therefore they are exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines. h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: November 5, 2009 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) Preliminary Exemption Assessment City of Arcadia 2009 Staff: Jim Kasama, Community Development Administrator FORM "A" RESOLUTION NO. 1801 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 09 -09 FOR A 960 SQUARE -FOOT EXPANSION TO AN EXISTING 2,040 SQUARE -FOOT RESTAURANT LOCATED AT 510 -512 E. LIVE OAK AVENUE, AND APPROVAL FOR THIS RESTAURANT TO UTILIZE OFF -SITE PARKING AT 610 -618 E. LIVE OAK AVENUE IN LIEU OF THE REQUIRED ON -SITE PARKING FOR THIS EXPANSION. WHEREAS, on May 14, 2009, a Conditional Use Permit application was filed by Michael Hsiao for a 960 square -foot expansion to an existing 2,040 square -foot restaurant; Development Services Department Case No. CUP 09 -09, at property commonly known as 510 -512 E. Live Oak Avenue; and WHEREAS, a public hearing was held by the Planning Commission on October 27, 2009, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA RESOLVES AS FOLLOWS: SECTION 1. That the factual data provided by the Development Services Department in the staff report dated October 27, 2009 are true and correct. SECTION 2. This Commission finds: 1. That the granting of Conditional Use Permit No. CUP 09 -09 will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity because the proposed project is a minor alteration of an existing facility and is exempt from the California Environmental Quality Act (CEQA) as a Class 3 Categorical Exemption per Section No. 15303 of the CEQA Guidelines. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other features including the shared parking with the other businesses in the same center, are adequate to adjust said use with the land and uses in the neighborhood. The proposed project complies with all related zoning requirements as set forth in the Arcadia Municipal Code. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of Conditional Use Permit No. CUP 09 -09 will not adversely affect the comprehensive General Plan because the land use and current zoning are consistent with the General Plan. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 09 -09 for a 960 square -foot expansion to an existing 2,040 square -foot restaurant, subject to the following conditions: 1. The hours of operation shall be limited to 11:00 a.m. to 10:30 p.m., Sunday through Thursday, and 11:00 a.m. to 11:30 p.m., Friday and Saturday with use of the 960 square -foot expansion area limited to 5:00 p.m. to 10:30 p.m., Sunday through Thursday, and 5:00 p.m. to 11:30 p.m., Friday and Saturday. 2. There shall be no outdoor seating permitted. 3. There shall be no karaoke permitted, and any karaoke related equipment shall be removed from the premises. 2 1801 4. Live entertainment shall not be permitted, and any live entertainment equipment shall be removed from the premises. 5. The sale of beer and wine is to be incidental to the restaurant use. Sales for off premise consumption or a bar -type use are not allowed. Beer and wine can only be served in conjunction with the serving of meals. 6. The maximum number of seats shall be 82 or the maximum occupancy as determined by Building Services and Fire Prevention, whichever is lower. 7. The use approved by CUP 09 -09 is limited to the restaurant. The restaurant shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09 -09. 8. A separate sign design review application shall be submitted to the City for approval of all new signs on the premises. All unpermitted signs shall be removed. 9. The bathroom facilities shall be upgraded to meet the Building Official's requirement of 1 urinal, 1 toilet, and 1 lavatory for men, and 2 toilets and 1 lavatory for women. 10. Conditional Use Permit No. CUP 09 -09 includes a Parking Modification to allow 14 on -site parking spaces and the use of 16 off -site parking spaces at 600 -618 E. Live Oak Avenue. Agreements /Covenants with the City of Arcadia as a party thereto in forms approved by the City Attorney for the off -site parking spaces shall be executed, recorded in the Office of the County Recorder, and maintained at all times that the off site parking is required for the use approved by CUP 09 -09. The Agreements /Covenants shall be recorded for both the restaurant property at 510 -512 E. Live Oak Avenue and the property where the supplemental off -site parking is to be 3 1801 maintained; 600 -618 E. Live Oak Avenue. This Parking Modification does not constitute an approval of a general reduction or alteration of the parking requirements for the subject property, but rather only for the restaurant that is herein conditionally approved. Uses other than this restaurant shall be subject to a new Conditional Use Permit and /or Parking Modification. 11. All City requirements regarding disabled access and facilities, occupancy limits, building safety, parking and site design shall be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshal, and Public Works Services Director. 12.All conditions of approval shall be satisfied within 60 days and prior to use of the expansion area. Noncompliance with the plans, provisions and conditions of approval for CUP 09 -09 shall be grounds for immediate suspension or revocation of any approvals, including the prior Conditional Use Permit, CUP 04 -02, which could result in the closing of the entire restaurant. 13. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning 4 1801 the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 14.Approval of CUP 09 -09 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 24 day of November, 2009. ATTEST: Secretary Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 5 Chairman, Planning Commission 1801 MINUTES ARCADIA PLANNING COMMISSION Tuesday, October27, 2009, 7:00 P.M. Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, October 27, 2009 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive with Chairman Parrille presiding. PLEDGE OF ALLEGIANCE ROLL CALL: PRESENT: Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille ABSENT: None MOTION: It was moved by Commissioner Baderian and seconded by Commissioner Hsu to read the Resolutions by title only and waive reading the full body of the Resolutions. Without objection the motion was approved. OTHERS ATTENDING Deputy Development Services Director /City Engineer, Phil Wray Community Development Administrator, Jim Kasama Associate Planner, Tom Li Assistant Planner, Tim Schwehr Senior Administrative Assistant, Billie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Two letters of opposition to Item 3 were distributed to the Commissioners. None PUBLIC HEARINGS The applicant is requesting a Conditional Use Permit for a 960 square -foot expansion to an existing 2,040 square -foot restaurant located at 510 -512 E. Live Oak Avenue, and approval AFT The City Attorney has recommended an additional provision to Condition 10 of Item 1, requiring that the agreements regarding supplemental parking be recorded against the subject property as well as the property where the supplemental parking will be located. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON PUBLIC HEARING MATTERS Five minute time limit per person 1. CONDITIONAL USE PERMIT NO. CUP 09 -09 Continued from September 22, 2009 510 -512 E. Live Oak Avenue; 529 -555 E. Live Oak Avenue; 600 -618 E. Live Oak Avenue Michael Hsiao for this restaurant to utilize off -site parking at either or both of the nearby commercial centers located at 529 -555 E. Live Oak Avenue or 600 -618 E. Live Oak Avenue in lieu of the requried on -site parking for this expansion. Assistant Planner Tim Schwehr, presented the staff report. Commissioner Beranek said that he remembered from the last meeting that the applicant was going to try to make parking arrangements on a more permanent basis rather than on a month -to -month basis. Assistant Planner Schwehr explained that it was suggested that the City serve as a third party to any lease agreement so that City approval would be required for cancellation of the agreement. This would serve to extend the lease and provide the applicant with the flexibility to enter into a contract with one of the other properties nearby if it was deemed beneficial by the City or the applicant. Chairman Parrille noted that the proposed leases are month -to -month tenancies which means that the landlord could terminate the parking lease on a thirty day notice, for example. A covenant would run with the land and if the landlord on the adjoining property were to terminate the lease, that would put an end to the proposed use. The public hearing was opened. Chairman Parrille asked if anyone wanted to speak in favor of the project. There were none. Chairman Parrille asked if anyone wanted to speak in opposition to the project. There were none. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Hsu to close the public hearing. Without objection the motion was approved. Commissioner Baderian asked to confirm that termination of the month-to -month lease at either of the two locations would negate this Conditional Use Permit. Mr. Schwehr confirmed that with termination of a parking lease, the applicant would no longer be in compliance and so they would automatically convert back to the terms of the previous Conditional Use Permit. He also stated that the applicant is aware of this and has agreed to comply with these conditions. Commissioner Beranek asked for the status of code violations at this business. Mr. Schwehr said that the applicant is in the process of having the signs changed to comply with code requirements and that although the karaoke equipment is still on site, it is not in use. Commissioner Beranek noted that the applicant has a history of non compliance with code regulations even with repeated Code Services contact. He asked if the applicant will PC MINUTES 10-27 -09 Page 2 comply with the condition requiring the addition of a bathroom and he pointed out that although serving beer and wine is supposed to be incidental to the business, the neighbors claim it is much more extensive. Chairman Parrille said that Condition 4 does not prohibit live entertainment but only that it is subject to an Entertainment Permit, and that the applicant could reapply for a permit for live entertainment at a later date. Commissioner Baderian asked if Condition 4 could be revised to eliminate this possibility. Staff said, yes, it could. Commissioner Hsu said that although generally, he is in favor of encouraging successful businesses to remain in the city, he is concerned about patrons having to cross the very busy street, Live Oak Avenue, to get to and from the parking lot. Commissioner Baerg said that he is also concerned about the heavy traffic that patrons would have to contend with when crossing from the parking lot. He also asked if the applicant is not allowed to provide live entertainment, why is the karaoke machine still there. Commissioner Baderian suggested amending the Conditions of Approval to state that the only off -site parking to be allowed for this business would be at 600 -618 E. Live Oak Avenue. He asked if that would satisfy the parking deficiency and Mr. Schwehr said that it would. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to approve Conditional Use Permit No. CUP 09 -09 subject to the following amended conditions: (1) condition 4 to include a provision that live entertainment is prohibited, (2) condition 10 to include wording about recording the agreements and that the City be a third party to the parking agreements, and (3) assignment of off -site parking be restricted to 600 -618 E. Live Oak Avenue only. ROLL CALL: AYES: Commissioners Baderian, Baerg, Hsu, and Parrille NOES: Commissioner Beranek Based on previous code violations, Commissioner Baderian asked that staff periodically inspect the facility to ensure compliance with all conditions, and report back to the Commission. 2. CONDITIONAL USE PERMIT NO. CUP 09 -17 52 East Live Oak Avenue Peter Monsod The applicant is requesting a Conditional Use Permit for a 2,800 square -foot martial arts studio with1,400 square -feet of instruction area and 1,400 square -feet of retail at 52 East Live Oak Avenue. Assistant Planner Tim Schwehr presented the staff report. PC MINUTES 10 -27 -09 Page 3 Commissioner Beranek asked if there is any physical barrier between the studio and the rest of the facility. Mr. Schwehr said there is no physical barrier and that a martial arts equipment and apparel store is planned for that space. He said that the applicant will be limited to 1400 square feet for instructional activities. The public hearing was opened. Chairman Parrille asked if anyone wanted to speak in support of the project. There were none. Chairman Parrille asked if anyone wanted to speak in opposition to the project. There were none. MOTION: It was moved by Commissioner Beranek seconded by Commissioner Hsu to close the public hearing. Without objection the motion was approved. Commissioner Baderian asked if the program would run throughout the year and would there be any tournaments. Mr. Schwehr confirmed that the applicant plans to conduct the program throughout the year and informed the Commission that the applicant was in attendance. Chairman Parrille asked if the applicant was aware that they can respond to questions. The public hearing was reopened. Mr. Peter Monsod, the applicant, said that classes are to be held throughout the year, except for holidays, and that they will not be holding tournaments, only classes. Commissioner Baderian asked about the plans for the other half of the building. Mr. Monsod said they are planning to sell martial arts and fitness related equipment there. He explained that the retail use would mostly occur during the daytime with martial arts classes tol be held in the evenings and on weekends only. They will overlap only on Saturdays for a few hours. Commissioner Baderian asked Mr. Monsod if he had seen the staff report and if he would comply with all conditions. Mr. Monsod said that he understood the conditions of approval and would comply with all of them. MOTION: It was moved by Commissioner Hsu seconded by Commissioner Baderian to close the public hearing. Without objection the motion was approved. PC MINUTES 10-27 -09 Page 4 MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baderian to approve Conditional Use Permit No. CUP 09 -17 subject to the conditions in the staff report and to adopt Resolution No. 1808. RESOLUTION NO. 1808 A Resolution of the Planning Commission of the City of Arcadia, Califomia, granting Conditional Use Permit No. CUP 09 -17 to operate a martial arts studio with a maximum of twelve (12) students in a 2,800 square -foot commercial unit at 52 E. Live Oak Avenue. ROLL CALL: AYES: Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille NOES: None 3. CONDITIONAL USE PERMIT NO. CUP 09 -18 1130 South Baldwin Avenue, Unit A3 (dba JJ Bakery) Daphne Shen of Pacific Design Group (Representative The applicant is requesting a Conditional Use Permit for an existing 2,634 square -foot bakery to provide 20 a.m. to 11:00 a.m., seven days a week. of lessee, JJ Bakery) and the related Parking Modification seats and serve breakfast from 6:30 Associate Planner Tom Li presented the staff report. Commissioner Baderian noted that the site currently has a deficiency of 12 parking spaces and approval of this CUP would increase the deficiency to 25. Commissioner Hsu asked if a formal parking study had been conducted and Mr. Li said the applicant's study is based on a two day count. Commissioner Baerg noted that the current business hours are 7:30 am to 8:00 pm and they want to open an hour earlier to serve breakfast from 6:30 am to 11:00 am. The public hearing was opened. Chairman Parrille asked if anyone wanted to speak in favor of the project. There were none. Chairman Parrille asked if anyone wanted to speak in opposition to the project. There were none. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to close the public hearing. Without objection the motion was approved. Commissioner Baderian said that he would like to support the business expansion but cannot support the increase in a parking deficiency. PC MINUTES 10 -27 -09 Page 5 Commissioner Hsu asked what would be done with the tables and chairs after 11:00. Staff replied that they would be removed. Mr. Kasama pointed out that the increase in parking deficiency is because of the change from retail to restaurant status and that, in any case, the increase would only occur in the morning so there would be no overlap with the other businesses in the center as most of their activities occur in the afternoon and evening. Chairman Parrille asked if the Police Department had commented on this application, and noted that there is an acute parking problem at this shopping center that also affects traffic on Baldwin Avenue, which would have impacts well beyond this shopping center. Commissioner Beranek noted that in the morning when the applicant is proposing to serve breakfast, there are 57 parking spaces available and that the limited business hours of the breakfast service would not conflict with the hours of the other businesses in the shopping center. Commissioner Baerg noted that the Dumpling House, which does a very brisk business, opens at 11:00 am and said he feels that there could be a conflict with the bakery hours. He suggested that the bakery limit their breakfast hours to 6:30 am to 10:00 or 10:30 am. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Hsu to approve Conditional Use Permit No. CUP 09 -18 subject to the conditions in the staff report and adopt Resolution No. 1807 amending the closing time for breakfast service in Condition 1 from 11:O0amto10:00am. RESOLUTION NO. 1807 A Resolution of the Planning Commission of the City of Arcadia, California, granting Conditional Use Permit No. CUP 09 -18 for an existing 2,634 square -foot bakery to provide 20 seats and serve breakfast from 6:30 a.m. to 10:00 a.m., seven days a week, at 1130 S. Baldwin Avenue, Unit A3. ROLL CALL: AYES: Commissioners Baerg, Beranek, Hsu NOES: Commissioners Baderian, Parrille CONSENT ITEMS 4. MINUTES OF OCTOBER 13, 2009 MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to approve the minutes of October 13, 2009 as presented. Without objection the motion was approved. MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION None PC MINUTES 10-27-09 Page 6 MODIFICATION COMMITTEE MEETING ACTIONS Commissioner Parrille said that there was no Modification Committee meeting today. MATTERS FROM STAFF Mr. Kasama said there is nothing scheduled for the November 10 meeting at this time, but the November 24 meeting will include the religious land use issue and City Attomey Steve Deitsch will attend. ADJOURNED 7:50 p.m. ATTEST: Secretary, Planning Commission Chairman, Planning Commission PC MINUTES 10 -27 -09 Page 7